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COA in Carmel to hear appeal of sanctions

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The Indiana Court of Appeals visits Carmel High School Thursday to hear arguments in a case stemming from a propane gas explosion.

Chief Judge John G. Baker and Judges Ezra Friedlander and Terry Crone will hear arguments in White-Rodgers, et al. v. Lonnie Kindle, et al., No. 55A05-0906-CV-308, at 10 a.m. in the auditorium of the high school, 520 E. Main St., Carmel.

White-Rodgers and other defendants are appealing the trial court's imposition of more than $18,000 in sanctions for alleged discovery noncompliance, as well as the merits of the underlying discovery orders preceding the sanction award.

White-Rodgers and others were sued by Lonnie Kindle and others who were involved in the 2004 explosion at an apartment in Morgan County. The plaintiffs' complaints were for strict products liability and negligent design of a water heater control because they believed there was a defect in the gas control valve on the water heater.

The sanctions stem from White-Rodgers' noncompliance in producing materials from a Missouri case against the company involving a propane gas explosion and a water heater with a White-Rodgers gas control valve.

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  1. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  2. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  3. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  4. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  5. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

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